Criminal Defense Lawyer NJ - The Rubinstein Law Firm, LLC
  • Home
  • Lawyers
    • Robert W. Rubinstein, Esquire
    • Kristy L. Bruce, Esquire
  • Crimes
    • Penalties/Jail Time
    • Burglary
    • Robbery
    • Theft
    • Drugs
    • Gun and Weapon Possession
    • Aggravated Assault
    • Shoplifting
    • Forgery
    • Cyber-Harassment
    • Stalking
    • Contempt
    • Arson
    • Criminal Attempt
  • DUI
    • First DUI Offense
    • Second DUI Offense
    • Third DUI Offense
    • Refusal Charge
    • Ignition Interlock Providers
    • Underage DUI Offense
    • What is IDRC
  • Municipal Court
    • Penalties/Jail Time
    • Driving While Suspended
    • CDS in Motor Vehicle
    • Drug Possession
    • Shoplifting ($200 or less)
    • Simple Assault
    • Criminal Mischief
    • Harassment
    • Leaving the Scene/Failure to Report
    • Lewdness
    • Domestic Violence
    • Traffic Tickets
    • Disorderly Persons/Petty Disorderly Persons
    • Conditional Dismissal Program
    • Conditional Discharge Program
  • Juvenile
    • FAQ
    • Juvenile Justice Process
  • Expungement
    • Eligibility
    • Arrest and Dismissal
    • PTI or Conditional Discharge
    • Ordinance
    • DP/PDP Offense
    • Crimes/Felony
    • Clean Slate Law
    • Excluded Offenses
  • Motor Vehicle Hearing
  • FAQ
    • What To Expect In Municipal Court
    • How do NJ Drug Courts Work?
    • I received a Traffic Ticket. Now What?
    • Talking to Police
    • Miranda Warnings
    • What is Pre-Trial Intervention (PTI)? >
      • PTI Standard Conditions in NJ
    • When DNA Is Required
  • Blog
  • Contact Us

Supreme Court Throws Out Facebook Threat Conviction Case

6/5/2015

 
This week, our Supreme Court threw out the conviction of a Pennsylvania man prosecuted for making threats on Facebook, but dodged the free-speech issues that had made the case intriguing to First Amendment advocates.

Anthony Elonis, of eastern Pennsylvania, was prosecuted under a law that makes it a crime to threaten another person after he posted Facebook rants in the form of rap lyrics about killing his estranged wife, harming law enforcement officials and shooting up a school. One post about his wife said, "There's one way to love you but a thousand ways to kill you. I'm not going to rest until your body is a mess, soaked in blood and dying from all the little cuts."

Elonis claimed the government had no right to prosecute him if he didn't actually intend his comments to be threatening to others. He argued that his musings were protected by the First Amendment. But the government said it didn't matter what Elonis intended. It argued that if the comments provoked enough fear and anxiety to make a reasonable person feel threatened, that was enough to prosecute it as a crime.

Chief Justice John Roberts said it was not enough for prosecutors to show that the comments of Anthony Elonis about killing his ex-wife and harming others would make a reasonable person feel threatened. But the high court sent the case back to the lower court without clarifying exactly what the standard of proof should be. The ruling was a narrow victory for civil liberties groups that had urged the court to make it tougher to convict people who make crude comments on social media that might be viewed as threatening. Yet the high court declined to lay out broad constitutional protections for such comments. "It is not necessary to consider any First Amendment issues," Roberts wrote.



Comments are closed.

    Archives

    March 2020
    September 2019
    June 2019
    May 2019
    April 2019
    April 2018
    September 2017
    August 2017
    July 2017
    June 2017
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014

    Categories

    All
    Alibi For Crime
    Anonymous Tip To Police
    Arrested For Drugs
    Arrest Of Child
    Atlantic City Bans Guns
    Bail For Non-violent Offenders
    Bail For Violent Offenders
    Bail In New Jersey
    Bail Reform In NJ
    Bizarre Criminal News
    Breathalyzer Device For Phone
    Burglary
    CDS Charge
    Cell Phone Breathalyzer
    Cell Phone Search
    Child Endangerment
    Child Rapist
    Civil Rights Violation
    College Rape
    Conditional Dismissal Program
    Correction Officer
    Court Hearing
    Criminal Defense Lawyer
    Criminal Defense Movies
    Criminal Defenses At Trial
    Criminal Law
    Cumberland County
    Do Pocket Breath Tests Work For Dui's
    Drug Charge
    DUI Crashes Car
    DUI In New Jersey
    Felony Murder
    Fines For Texting In NJ
    Fingerprints From Bottle
    Inmate Emails
    Jail Term
    Jail Time For Texts
    Jury Duty
    Marijuana Possession
    Murder Charge
    Murder Charge In NJ
    New Jersey Municipal Court
    Police
    Police Vest Cameras
    Police Video
    Pot Crop In Vegas
    Pot Grower Caught
    Pot Possession
    Prison Communication Not Privileged
    Prison Term
    Rape
    Rap Lyrics As Evidence In Criminal Trial
    Reasonable Suspicion
    Rikers Island
    Robber Caught After Shower
    Robbery
    Sent To Jail For Stealing
    Sleeping Burglar Caught
    Stealing
    Stolen Car
    Stolen Property
    Stolen Snake
    Stop And Search
    Terry Stop
    Texting While Driving
    Trespassing Charge
    Underage Drinking
    Warrant

    RSS Feed

Picture

The Rubinstein Law Firm, LLC - New Jersey Criminal Defense Lawyer
1675 Whitehorse Mercerville Road, Suite 206, Hamilton, NJ 08619
Phone: 609-392-7600
Fax: 609-964-1785                                            
Website:  www.defendmeinnj.com
                www.njpa-law.com 
                www.injuredinnjaccident.com 
         

Who we are

Lawyers:
Kristy L. Bruce, Esq.
Robert W. Rubinstein, Esq.

Our services

Criminal Defense
DUI
Municipal Violation Defense
Expungement
Juvenile Delinquency
DMV Hearings

Courts

Mercer County
Burlington County
Middlesex County
Hamilton Township
Trenton
Ewing Township
Lawrence Township
Pennington
East Windsor
West Windsor
Hopewell
Princeton
Hightstown
Robbinsville
Plainsboro
Cranbury
East Brunswick
South Brunswick
Moorestown
Mt. Laurel
Willingboro
Mt. Holly
Florence
Pemberton
Burlington
Bordentown
Sayreville